The appeal is dismissed.

The grounds of appeal are examined.

1. In order to establish “an offense of defamation by a false representation of any false fact” as provided by Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) or “an offense of defamation by a publication of false fact” as provided by Articles 309(2) and 309(1) of the Criminal Act, the Defendant’s statement is false and its fact is false, and the prosecutor bears the burden of proving such false perception.

Here, a statement of fact is a concept substituted by an expression of opinion, the content of which is a value judgment or evaluation, and refers to a report or statement on specific past or current facts in a time space.

If the important part of the timely fact is consistent with the objective fact, even if there is a little difference from the truth in detail or somewhat exaggerated expression, it cannot be viewed as a false fact.

Determination of whether a false fact constitutes an essential part that is inconsistent with an objective fact ought to be made by examining the purport of the entire details of the alleged fact (see, e.g., Supreme Court Decision 2011Do147, Jun. 10, 2011). “Purpose of slandering a person” as prescribed by Article 70(2) of the Information and Communications Network Act and Article 309(2) of the Criminal Act requires the intent and purpose of harm. In short, whether a person is intended to defame a person ought to be determined by weighing and balancing the degree of infringement of reputation that may be damaged or damaged by such expression, taking into account the various circumstances related to the expression itself, such as the content and nature of the timely fact, the scope of the other party who made the publication of the fact, the method of expression, etc.

The term "purpose of slandering" is contrary to the direction of the actor's subjective intent, as it is for the public interest, and thus, if the alleged fact is related to the public interest, the purpose is to slander it unless there are special circumstances.